Appeal No. 1999-0114
Application No. 08/656,286
temporary adhesion of the leading edge of the web to the
article at station 17, one of ordinary skill in the art would
consider Cosmo’s adhering systems, including the contact
adhesive applying system of Figure 5, as being, at best,
unsuitable of producing the sort of strong and robust bond
called for in Weiss at, for example, column 2, lines 68-70.
This would present a clear disincentive to one of ordinary
skill in the art to modifying Weiss’s pressure sensitive
adhesive based on the teachings of Cosmo to arrive at an
adhesive having characteristics like those called for in the
last three lines of claim 11. Under such circumstances, where
the proposed modification would have rendered the primary
reference unsuitable for its intended purpose, it cannot be
said that the claimed subject matter would have been obvious
in light of the teachings of the applied references. Ex parte
Rosenfeld,
130 USPQ 113, 115 (Bd. App. 1961). Accordingly, the
examiner’s rejection of claim 11, as well as claims 12 and 14
that depend therefrom, cannot be sustained.
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